BIRMINGHAM, Alabama -- Brookwood Medical Center will get another shot to convince a Montgomery County judge to uphold state of Alabama approval for a proposed free-standing emergency room on U.S. 280 in Shelby County, a state appeals court ruled Friday.

The Alabama Court of Civil Appeals overturned a trial judge's decision in 2011 that reversed an earlier ruling by the state Certificate of Need Review Board to approve the Brookwood facility. Brookwood's application had been opposed by Trinity Medical Center's parent company.

Brookwood said it was pleased with the court's decision.

"Brookwood's proposal to build a freestanding emergency room is the most appropriate, cost effective solution for the health care needs of this community," spokeswoman Kelly Taylor said in a statement. " Miles away from the traffic congestion at Interstate 459 and Highway 280, our facility will provide earlier treatment for emergency medical services, which will greatly benefit the patients and families we have served for many years."

The trial judge had ruled that Brookwood committed a "fatal flaw" when it failed to comply with a requirement to publish in a newspaper two notices of its 2008 certificate of need request within 30 days of filing the application. But the five-member appeals court unanimously decided in an opinion issued Friday that there was no harm in Brookwood's failure to meet the notice deadline, and therefore no foul.

Trinity was not harmed by Brookwood's failure to publish the announcements because it automatically received notice and substantial information about the application as an affected party, Judge Tommy Bryan wrote for the court.

The appeals court ordered Montgomery County Circuit Judge Tracy McCooey now to consider whether the review board's decision was valid, or if there are legal grounds to overturn it based on the merits of the application and evidence presented in the CON approval hearing.

The court also dismissed a cross-appeal filed by Trinity regarding a statement in McCooey's 2011 order indicating the Brookwood CON application was valid on its merits. The appeals court found that McCooey did not officially affirm the Brookwood application on its merits, and that statement was contrary to his decision to reverse the CON board's approval, so Trinity had nothing to appeal.

St. Vincent's also opposed the CON application by Brookwood, but only Trinity appealed the statement.

Keith Granger, chief executive of Trinity Medical Center, noted that while a portion of Trinity's appeal was overruled, the appeals court remanded the decision back to the circuit judge for consideration of Trinity's contention that free-standing emergency departments are not yet appropriately considered in the State Health Plan.

"We appreciate the consideration of the court on this topic and are pleased that further legal consideration will be given to how FEDs -- a new and untested model of care delivery in Alabama -- will impact the state's existing health care providers and 'fit in' to our state health plan," Granger said in a statement Friday.

"We believe the additional dialogue and examination is necessary to ensure that FEDs positively impact patients and communities, and do not detract from existing health care services."